Court supports Food and Drug Dept. decision

Dec 23, 2016 News

Chief Justice (ag) Yonette Cummings-Edwards last week discharged the Order or Rule Nisi of Certiorari in an application by Looknauth Durbhiji, on the ground that Marlan Cole, the Government Analyst-Food and Drug Department/Director of Food and Drug, has shown sufficient cause that his decision on February 4, 2016 to refuse entry to the Applicant’s container currently detained by the Guyana Revenue Authority was lawful, and done in accordance with the Food and Drugs Act.
in conjunction with the Customs Act.
Last year November, Mr. Durbhiji ordered a container of “Best Milk” sweetened condensed milk to be shipped to Guyana. He delivered a sample of the product to the Government Analyst-Food and Drug Department/Director of Food and Drug along with the Certificate of Analysis of the product in accordance with the Food and Drugs Act, Chapter 34:04.
The court ruled that upon examination and analysis, the milk failed to meet the requirements as set out in Part IV, Division 5 (Dairy Products)(13) of the Food and Drug Regulation 1977. The Applicant’s customs entry form was subsequently stamped “Entry Refused” as the product was not a dairy product in accordance with the prescribed Act, but a vegetable-based product.
Durbhiji was represented by attorney Anil Nandall while Ms. Judy Stuart appeared on behalf of the Respondent, Marlan Cole.

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